1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

On February 25, 2010, the Plaintiff asserted that the cause of the claim occurred. Upon the request of the Defendant B, who was known on February 25, 2010 and was working in China, the Plaintiff lent KRW 7 million as the due date for repayment the amount of KRW 2 to 3 months to Defendant C to open a single house.

However, the Defendants are obligated to pay the remainder of 5 million won and its delay damages to the Plaintiff, since they paid only 2 million won to the Plaintiff.

The Defendants lent money several times to the Plaintiff and borrowed money from the Plaintiff to Defendant C for the purpose of lending money necessary for the opening of a house business. On February 25, 2010, the Defendants merely borrowed money from the Plaintiff, which is KRW 7 million, out of the previous loans to the Plaintiff.

Judgment

Even if there is no dispute between the parties as to the fact that money has been received, if the defendant contests against the plaintiff's assertion that the lending was made, the party bears the burden of proving that the lending was made.

(see, e.g., Supreme Court Decision 2013Da73179, Sept. 15, 2015). According to the evidence Nos. 1 and 2, the Plaintiff transferred KRW 7 million to the Defendant C’s account on February 25, 2010, and Defendant B remitted KRW 2 million to the Plaintiff’s account on July 1, 201.

However, according to the evidence Nos. 3, 4, and 5, the Plaintiff and the Defendants did not prepare a loan certificate, and the Plaintiff received interest from the Defendants.

The circumstances leading up to the demand for payment are not revealed. ② The Plaintiff did not know the name of the Defendants and the mobile phone number even before filing the instant lawsuit; ② the Plaintiff did not know information other than the mobile phone number; ③ the financial transaction, other than the money transaction claimed by the Plaintiff, was also transferred from the account in the name of the Plaintiff to the account in the name of the Plaintiff on September 8, 2009; KRW 6 million on October 19, 2009; KRW 3 million on November 2, 201; KRW 3 million on December 15, 201; and KRW 1080,000 on December 15, 201; and ④ the Plaintiff transferred from the account in the name of the Defendant C to the account in the name of the Plaintiff on July 6, 2009; and ④ the Plaintiff as above.